Employer has asked me to get a 1-94A??

[randy32 165]

1 minute ago, Justkeepswimming said:

When I was hired I showed my driving license which was on the list and they asked for immigration documents instead. 

Yes, USCIS took my green card. They took it when I went for the USCIS appointment to get the i551 stamp in my passport after my green card had expired and I needed the stamp to renew my driver's license. I was not allowed to keep the expired green card and have the stamp in my passport at the same time. So now when I travel I have to show the stamp and notice of action as back up when I re-enter the USA. 

You might have to talk to someone in HR.

Get your documents and reasons together. All explanations should be USCIS documented info.

For any defect (item not available, expired stamp, ....), you point to a USCIS document. No explanation from you.

 

Some people just know how to check off boxes.

If anything is out of place, they don't know how to deal with it.

[Mike E 11,739]

40 minutes ago, Justkeepswimming said:

When I was hired I showed my driving license which was on the list

That’s a valid List B document.  You needed to show also a valid List C document, which is your unrestricted  SS card.  
 

40 minutes ago, Justkeepswimming said:

and they asked for immigration documents instead.

That’s illegal. 
 

40 minutes ago, Justkeepswimming said:

  the stamp 

When does your most recent stamp expire?

[Mike E 11,739]

15 minutes ago, Mike E said:

That’s a valid List B document.  You needed to show also a valid List C document, which is your unrestricted  SS card.

   
 

Read https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf

 

Print https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf

 

Fill  out https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf. Circle on red ink drivers license on list B and on list C circle in red:

 

“A Social Security Account Number card. unless the card includes one of
the following restrictions:

(1) NOT VALID FOR EMPLOYMENT

(2) VALID FOR WORK ONLY WITH INS AUTHORIZATION

(3) VALID FOR WORK ONLY WITH DHS AUTHORIZATION”

 

Again,  is your SS card is unrestricted?

 

Give them your filled  out and signed https://www.uscis.gov/sites/default/files/document/forms/i-9-paper-version.pdf ,

 

Give  them to examine your DL, and SS card.  

Print https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf

 

Find  and circle in red this emboldened parts in https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf :

 

”Anti-Discrimination Notice. It is illegal to discriminate against work-authorized individuals in hiring, firing, recruitment or
referral for a fee, or in the employment eligibility verification (Form 1-9 and E-Verify) process based on that individual's
citizenship status, immigration status or national origin. Employers CANNOT specify which document(s) the employee may
present to establish employment authorization. The employer must allow the employee to choose the documents to be presented
from the Lists of Acceptable Documents, found on the last page of Form I-9. The refusal to hire or continue to employ an
individual because the documentation presented has a future expiration date may also constitute illegal discrimination. For more
information, contact the Immigrant and Employee Rights Section (IER) in the Department of Justice's Civil Rights Division at
https://www.justice.gov/ier.”

 

and later :

 

“Choose which unexpired document(s) to present to your employer from the Lists of Acceptable Documents. An employer cannot specify which documents) you may present from the Lists of Acceptable Documents. You may present either one selection from List A or a combination of one selection from List B and one selection from List C.
 

Some List A documents,
which show both identity and employment authorization, are combination documents that must be presented together to be
considered a List A document: for example, the foreign passport together with a Form I-94 containing an endorsement of the
alien's nonimmigrant status and employment authorization with a specific employer incident to such status. List B documents
show identity only and List C documents show employment authorization only. If your employer participates in E-Verify and you present a List B document, the document must contain a photograph. If you present acceptable List A documentation, you
should not be asked to present, nor should you provide, List B and List C documentation. If you present acceptable List B and
List C documentation, you should not be asked to present, nor should you provide, List A documentation. “
 

Give your employer  your printed and marked up copy of https://www.uscis.gov/sites/default/files/document/forms/i-9instr.pdf 

Entice your employer to discriminate against you in writing and then take this to an employment law attorney who will negotiate a pay out in lieu of a lawsuit that will make you forget about working. 

 

 

[Justkeepswimming 12]

38 minutes ago, Mike E said:

That’s a valid List B document.  You needed to show also a valid List C document, which is your unrestricted  SS card.  
 

That’s illegal. 
 

When does your most recent stamp expire?

It expires Feb 2023. 

I did show my SS card. 

That's what I mean, I've shown everything that was required. It's nutty they now want extra. 

Quoting the email they sent me: 

"We are in the process of auditing our personnel files, it doesn't appear we obtained the correct i-9 documents for you at time of hire. 

I know you submitted passport and additional documentation. 

We can accept a non US passport, but it MUST be accompanied by a form 1-94 or 1-94A. Please apply for one here ......link. 

 

When I clicked the link it appears that the 1-94 is issued to aliens admitted into the USA who are adjusting status while in the USA or extending their stay. 

This makes no sense as I am removing conditions, I'm not adjusting status. 

[Mike E 11,739]

11 minutes ago, Justkeepswimming said:

It expires Feb 2023. 

I did show my SS card. 

That's what I mean, I've shown everything that was required. It's nutty they now want extra. 

Quoting the email they sent me: 

"We are in the process of auditing our personnel files, it doesn't appear we obtained the correct i-9 documents for you at time of hire. 

I know you submitted passport and additional documentation. 

We can accept a non US passport, but it MUST be accompanied by a form 1-94 or 1-94A. Please apply for one here ......link. 

 

When I clicked the link it appears that the 1-94 is issued to aliens admitted into the USA who are adjusting status while in the USA or extending their stay. 

This makes no sense as I am removing conditions, I'm not adjusting status. 

Well I’ve provided you detailed links and instructions. Since it appears you did provide a DL and SS card, then your next move is an employment law attorney. 

[Lemonslice 4,841]

6 hours ago, Lemonslice said:

Source: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/130-some-questions-you-may-have-about-form-i-9

 

Tell your employer to call the help line I've listed before.  If they continue to refuse, call the help line yourself and report your employer.  They take it very seriously. 

 

For more information about discrimination during the Form I-9 process, contact IER’s employer hotline at 800-255-8155 (TTY for the deaf or hard of hearing: 800-237-2515) or visit their website at justice.gov/ier.

 

....

Check this thread for details on how it was handled

https://www.visajourney.com/forums/topic/551366-discrimination-ead-card/

 

 

[mam521 2,062]

There is no reason your employer shouldn't be able to use E-Verify for the I-9 and verify based on what you've provided.  Follow the instructions from Mike E and Lemonslice.  They cannot ask for more information when you've provided the correct information.  

 

Our HR tried a move like that with us (e-mail your information so some random email address.  I refused).  HR finally got their ####### together and had an "ID verification event" to update everything needed in the system and entered it into E-Verify while we were sitting there because there were a number of employees that needed updates.  

 

In my experience, HR aren't typically well trained when it comes to immigrants and often fail to seek assistance from the appropriate parties.  

[milimelo 4,479]

2 hours ago, mam521 said:

There is no reason your employer shouldn't be able to use E-Verify for the I-9 and verify based on what you've provided.  Follow the instructions from Mike E and Lemonslice.  They cannot ask for more information when you've provided the correct information.  

 

Our HR tried a move like that with us (e-mail your information so some random email address.  I refused).  HR finally got their ####### together and had an "ID verification event" to update everything needed in the system and entered it into E-Verify while we were sitting there because there were a number of employees that needed updates.  

 

In my experience, HR aren't typically well trained when it comes to immigrants and often fail to seek assistance from the appropriate parties.  

This ^^. I'd reply that I can find time on date x to go through e-verify with HR person live. No emailing your information somewhere else. The only two things I ever used as an LPR were unrestricted SS card and DL. No ifs, ands, buts - that's what I provided, they had to go with that. I only updated HR once I had my naturalization certificate - showed up with my new passport and unrestricted SS card. 

Don't be afraid to school HR on matters they should be already well versed in. People forget, deviations outside the norm happen to confuse HR folks but nothing wrong setting them straight. If that doesn't work, Family provided details on how to report it - and I wouldn't be afraid to report it as if any repercussion happens to you you have them on EEO grounds on national origin (immigrant).